Mere Natural Law: Originalism and the Anchoring Truths of the Constitution
- ISBN-10
- 1684513014
- ISBN-13
- 9781684513017
- Category
- Philosophy
- Pages
- 338
- Language
- English
- Published
- 2023-05-02
- Publisher
- Simon and Schuster
- Author
- Hadley Arkes
Description
Originalism Is Not Enough In this profoundly important reassessment of constitutional interpretation, the eminent legal philosopher Hadley Arkes argues that “originalism” alone is an inadequate answer to judicial activism. Untethered from “mere Natural Law”—the moral principles knowable by all—our legal and constitutional system is doomed to incoherence. The framers of the Constitution regarded the “self-evident” truths of the Natural Law as foundational. And yet in our own time, both liberals and conservatives insist that we must interpret the Constitution while ignoring its foundation. Making the case anew for Natural Law, Arkes finds it not in theories hovering in the clouds or in benign platitudes (“be generous,” “be selfless”). He draws us back, rather, to the ground of Natural Law as the American Founders understood it, the anchoring truths of common sense—truths grasped at once by the ordinary man, unburdened by theories imbibed in college and law school. When liberals discovered hitherto unknown rights in the “emanations” and “penumbras” of a “living constitution,” conservatives responded with an “originalism” that refuses to venture beyond the bare text. But in framing that text, the Founders appealed to moral principles that were there before the Constitution and would be there even if there were no Constitution. An originalism that is detached from those anchor - ing principles has strayed far from the original meaning of the Constitution. It is powerless, moreover, to resist the imposition of a perverse moral vision on our institutions and our lives. Brilliant in its analysis, essential in its argument, Mere Natural Law is a must-read for everyone who cares about the Constitution, morality, and the rule of law.
Get the book
Similar books
-
Ecofeminist Philosophy: A Western Perspective on what it is and why it Matters
By Karen WarrenWijkman and Timberlake , Natural Disasters , 27 . 32. Wijkman and Timberlake , Natural Disasters , 49 . 33. Seager , New State of the Earth Atlas , 121 .
-
Each Day a Renewed Beginning: Meditations for a Peaceful Journey
By Karen Casey7. Sometimes the things that frighten you the most can be the biggest sources of strength. —Iris Timberlake or Most of us learn as we mature that strength.
-
Emerging Trends in Continental Philosophy
By Todd May28 It is therefore not difficult to reconcile Badiou«s references to historical ... On the one hand, Badiou«s major essays on Rancière all deal with the ...
-
Pierre Bayle's Cartesian Metaphysics: Rediscovering Early Modern Philosophy
By Todd RyanBayle offers a similar assessment in a letter to Minutoli: There has just been ... touchant la tran[s]substantiation, et leur conformité avec le calvinisme.
-
Negotiating a Settlement in Northern Ireland, 1969-2019
By John Coakley, Jennifer ToddHowever, acceptance of the deal was driven in part by threats of worse to come should agreement ... see Northern Ireland (St Andrews Agreement) Act 2006, s.
-
The Philosopher's Way
By Pearson Education, Pearson Education Staff, Inc.Several versions of Pearson's MyLab & Mastering products exist for each title, including customized versions for individual schools, and registrations are not transferable.
-
Swimmer in a Dark Sea
By Pierce TimberlakeTake a tour through the mind of America's undiscovered philosopher: Pierce Timberlake. Swimmer in a Dark Sea is a dizzying ride through a dazzling array of profound concepts.
-
Bringing Peace Home: Feminism, Violence, and Nature
By Karen Warren, Duane L. Cady"This collection of works is ambitious, well documented, thoroughly—though not turgidly—referenced, and comprehensively indexed.
-
Ecological Feminism
By Karen Warren, Barbara Wells-HoweThe essays in this volume deal with a wide variety of subjects - the essential distinction between the "ecofeminist" and the "ecofeminine," the link between violence and environmental exploitation, feminism's relationship to animal rights ...
-
Catharine Macaulay's Republican Enlightenment
By Karen Green6 Davies, Catharine Macaulay and Mercy Otis Warren, 228; Franklin Bowditch Dexter (ed.), The Literary Diary of Ezra Stiles (New York: C. Scribner's Sons, ...